Monday, January 28, 2013

Twenty-five years after R v. Morgentaler

Today is the 25th anniversary of Canada's Supreme Court decision to strike down its abortion law, which had prevented a woman from obtaining an abortion until after a panel of medical experts agreed the mother's life was at risk. Thanks to Dr. Morgentaler's long efforts, for a quarter-century most Canadians (though only few in New Brunswick and none on Prince Edward Island) have had ready access to safe, professional, confidential procedures to terminate unwanted pregnancies. Canada has largely avoided the ongoing embarrassing spectacle still seen in the United States to overturn the 40 year old Roe v. Wade decision that granted women there the right to an abortion. The most recent American attempt to restrict access is only one week old - in New Mexico, a Republican lawmaker proposed a measure that would "legally require victims of rape to carry their pregnancies to term in order to use the fetus as evidence for a sexual assault trial."

This brought to mind Canadian federal Conservative Member of Parliament Stephen Woodworth's proposed Motion 312, which last fall would have created a special committee to examine whether "a child is or is not a human being before the moment of complete birth". 

I was appalled at the motion, and relieved when it was soundly defeated in the House of Commons in September 2012. But as someone who treasures scientific discovery and the pursuit of knowledge for its own sake, why was I against a government committee whose stated purpose is the advancement of human knowledge? I found my reaction to be somewhat inconsistent.

My stance is not an absolute one. I recognize that sometimes placing a moratorium on certain aspects of research is justified while ethical, environmental, and other implications of potential discoveries can be considered and appropriate codes of conduct, safety protocols, and other procedures developed and implemented. The foremost example of this is from early 1975, when most leading biologists endorsed a self-imposed pause on genetic engineering research until the US National Institute of Health released guidelines in 1976 (these have been regularly updated). More recently, a debate rages within political and scientific circles about the wisdom of research into the H5N1 influenza virus.

But my response was not based on any variant of the precautionary principle. There were other issues that disturbed me. Why would this government, hardly known for its commitment to scientific inquiry, suddenly be interested in discovering a scientific definition for a human being? Is a government panel the right body to investigate this question? Could Mr. Woodworth, as many claimed, have had a hidden agenda, and use the findings of the committee (whatever they were) to restrict abortions in Canada to the maximum possible extent?

Furthermore, I was fundamentally uncomfortable with how the motion was phrased.

The development of life is a continuum. There is no distinct threshold before which there is only a collection of dividing cells, and after which there is a fully formed human being. It is ridiculous to argue that the few cells of a just-fertilized embryo are a complete person with full rights and protections, just as it is to say we have no moral responsibility to care for a healthy nine-month gestated unborn fetus. (This is implicitly recognized by the medical profession, as virtually no one performs an abortion after the first trimester or so unless the mother's life is at significant risk.)

Any answers such a commission would have come up with would crucially depend on how "human being" is defined. The following have all been proposed for the definition of a human being:
  • The point of development at which the fetus can survive outside the womb; 
  • When the first heartbeat, brain activity, or some other physiological trait can be first detected;
  • As soon as the fetus displays a detectable personality or identifiable set of behaviours such as pain avoidance.
All of the above are highly dependent on the current state of technology. As our knowledge of fetal development increases and detection equipment gains greater resolution, any of these definitions could in principle push back when we classify the fetus as a human being earlier and earlier in the embryonic development process.

As a scientific endeavour, such an investigation is legitimate. The problem arises, in my view, with public policy. Anti-abortion activists are not renowned for accurately reflecting the subtleties of scientific knowledge. If, for example, a paper is published claiming that a fetus displays an aversion reaction (or "pain") as early as 2.5 months, it won't matter how provisional the conclusion is, what the disclaimers are, or what caveats are attached - it will be used by religiously motivated activists (such as Stephen Woodworth) to argue that no abortions can be performed past that point. That, fundamentally, was why there was such a strong reaction from myself and many other Canadians to Mr. Woodworth's motion in the House of Commons in September. It was not based on a belief that the question is taboo or that science should not inform public policy. Instead, there is a well-founded concern that any discussion based on these premises will not be undertaken in good faith. The motion, as phrased, could not be answered in a reasonable fashion and would likely be used for purposes that stray far from scientific inquiry.
 


Which leads me to an observation that I hope to substantiate. I find that, in practice, the label "pro-life" is misleading. Anti-abortion activists do not seem to be generally pro-life - only very specifically pro-fetus. I do not hear of any anti-abortion protesters taking any practical steps to ensure the children resulting from pregnancies carried to term are cared for (which reminds me of my favourite bumper sticker: "If you cannot trust me with a choice, how can you trust me with a child?"). I have not noticed any support from "pro-life" groups for the elimination of capital punishment (which unambiguously kills a human being). National and global vaccination programs would be a natural fit for those that believed longer, healthier human life is a good thing. It seems to me genuine pro-life activists should support stricter gun control laws, as gun violence takes innocent lives every day in the United States. School food programs in poor neighbourhoods significantly improve the well-being of children's lives, and have large effects even into adulthood. Yet the only correlation I am aware of between being anti-abortion and supporting initiatives that are genuinely pro-life is a negative one. 

In the interest of accuracy, perhaps we should refer to those on opposite sides of the abortion debate as "pro-choice" and "pro-fetus".

Monday, December 03, 2012

Securlarism is not nearly enough


I had the honour of being a speaker at the Eschaton 2012 conference, organized by the Centre for Inquiry Ottawa. I submitted the topic of my address before it was written: The Importance of Secular Governance for Canada. But (as often happens with me during the creative process) the speech I wrote was considerably different than the one I had in mind before I put fingers to keyboard. I believe the new title is a more accurate reflection of the content.

Below is the speech I prepared; my actual words did not deviate greatly from the text. 


Secularism Is Not Nearly Enough

What is secularism? Answering that question in the richness it deserves could fill all the time allotted for this session and then some. The Canadian Secular Alliance defines it as a political principle: government neutrality in matters of religion. In other words, government should neither support nor suppress religious expression among its citizenry.

As you might expect from a policy advisor to the Canadian Secular Alliance, I agree wholeheartedly with this contention. Today I will talk about the importance of secularism, highlight a specific Canadian policy that should be discontinued, and then broaden my focus to encompass a much wider view of the world. In the next fifteen minutes, I will discuss Canadian law, international efforts that would impact all of us, and finally I hope to convince you that secularism is a necessary, but nowhere near sufficient, principle for a just and stable society.

To start with, let's openly acknowledge that, overall, Canada does very well on the secular front, and furthermore, is generally moving in the right direction.

From removing restrictions on interfaith and interracial marriage to liberalising divorce laws; from the establishment of the Charter of Rights and Freedoms as the Constitution of Canada, thereby enshrining freedom of conscience, to formally recognizing gay marriage as equal in all respects to heterosexual unions; over time, we are moving more and more to a society informed by secular values. This needs to be recognized, and should celebrated.

But we must also acknowledge that we do not yet live in a truly secular country. But in most cases, the exceptions, though still substantial, are rooted in tradition. Such is the case with prayers opening municipal councils; this is still common practice across the country. The discriminatory publicly funded school systems in Ontario are grounded in obsolete clauses in the province's constitution. We must always remember that while freedom of speech is a fundamental human right, freedom from offense is not.

Another historical artifact, albeit one with major consequences for Canadian society, has to do with our charity law. According to the Canada Revenue Agency, an organization must pursue at least one of the following four goals to be granted the designation of a charity:
  • The relief of poverty
  • The advancement of education
  • Other purposes to benefit the community that courts deem charitable
  • The advancement of religion
The first three items on the list are in accordance with a general understanding of the term "charitable activities". Whether and how the last criterion benefits society is far from clear.

A bit of history: In 1891, the British House of Lords ruled on what constitutes a charity in a dispute between the tax authorities and the Moravian Church. They developed a common law test, based on the preamble of the 1601 Statute of Charitable Uses (also known as The Statute of Elizabeth). This ruling is the basis for the Canadian government's determination of which organizations are deemed to be charitable in nature. Perhaps it is time for Canada to reconsider whether a decision made in the nineteenth century, itself based on the introduction of a law more than four hundred years old, is the best foundation for taxation practises in 2012.

Yet some traditions die hard. In a letter received by the Canadian Secular Alliance on July 27, 2012, Jim Flaherty, federal Minister of Finance, stated that "charitable status for the advancement of religion is based on the presumption that religion provides people with a moral and ethical framework for living and plays an important role in building social capital and social cohesion."

I, for one, would challenge that presumption. In my experience, there is a high correlation between deeply held religious belief on the one hand and opposing the rights of women, the rights of homosexuals, the right to free speech, and the right of freedom of conscience on the other. Furthermore, this phenomenon is not limited to Canada - I submit that strong religious sentiment can have a significant detrimental effect on any society, as recent decades in Ireland, India and Israel demonstrate, to pick among countries starting with a single letter. (It is important to acknowledge, however, that the faithful do not have a monopoly on misogynist and censorious views that lead to social strife.)

But we are not talking about fine philosophical distinctions or abstract positions with little practical impact on Canadian society. Mr. Flaherty’s unchallenged assumption significantly distorts fiscal policy across Canada.

The Canadian Secular Alliance obtained from the Canada Revenue Agency a detailed list of charitable tax deductions made in 2007. All charities must declare what percentage of their efforts is devoted to the four categories of recognized charitable activities. According to their submissions to the Canadian Revenue Agency, over 26,000 Canadian registered charities did nothing beyond promoting the advancement of religion. This is nearly one-third of all charitable organizations in Canada! Not one of them declared that they spent any time, effort, or money feeding the hungry or clothing the naked. In total, they received nearly 14 billion dollars in donations in 2007, and the Canadian government granted them tax credits of almost 1.2 billion dollars.

That is over one billion dollars every year of government subsidies for religious proselytising. That is roughly thirty dollars for every Canadian citizen. Either these funds are completely wasted, or they are having a significant impact on Canadian society - though perhaps not for the better. In either case, might these funds be redirected to serve more productive goals?

Clearly, despite the progress Canada has made, secularists still have work to do to apply secular principles to Canadian governance, and to ensure Canadians do not lose the freedoms we currently enjoy that stem from secular policies.

But we cannot for a moment believe that our efforts should stop at our borders. Let us move from Canadian regulations to the realm of international law, and attempts to codify freedom from offense as a global norm. The Organization of Islamic Cooperation has been agitating in the international community for over a decade to ban speech offensive to Muslims.

Of course, the question is not whether there should ever be restrictions on expression. No country provides for completely unlimited free speech. Even the United States, with its famous First Amendment, has several significant limitations on expression - the canonical example being that it is illegal to falsely yell "FIRE!" in a crowded movie theatre.

Most people support the principle of placing limits on unfettered speech. Some widely accepted examples include limited and well-crafted laws regarding slander and libel, truth in advertising, and uttering death threats.

Given that reasonable limits exist on speech, the question is: Do mocking religious figures or making other blasphemous utterances fall outside the bounds of acceptable expression?

No.

The attempts of the OIC to classify satire as hate speech, and related efforts, have impacts on Canadians just as much as arguments within our own parliament. We cannot be blind to them.

Similarly, secularism itself is not a default position for democratic nations. Though it has not been used in decades, Canada still has a blasphemy law on the books, punishable by up to two years imprisonment. In 2009, Ireland passed a law that makes "Publication or utterance of blasphemous matter" an offense subject to a maximum fine of €25,000. The Arab Spring is replacing several autocratic regimes with democratically elected illiberal Islamist governments. There are many and complex factors behind the fact that dictators were generally more secular than their elected replacements - but the point is if we truly respect freedom of conscience as a fundamental human right, there is much work to be done in the world.


Certainly one's ire should be raised when religious dogma is upheld in the face of contrary evidence, or when governmental policy is used to buttress the faithful of one creed at the expense of those belonging to other groups.

But religion is far from the only example of ideology trumping facts. And many of the most pressing issues facing our world today have nothing to do with religious zealotry or a violation of secular principles.

Though some religious folk may welcome the rapture and thus dismiss climate change, humans are cooking the planet with our ever-increasing emissions of greenhouse gases, especially carbon dioxide, almost entirely for secular reasons: an all too familiar litany of fear, economics, political expediency, and human short-sightedness.

The 2008 financial meltdown had everything to do with greed and fraud. Wall Street made huge profits not by increasing efficiencies, but by maximizing economies of externalities. A greater commitment to secular principles, if possible, would have done nothing to avert or reduce the impact of the real estate and financial crash.

The economic crises facing the EU and soon Japan have nothing to do with undue religious influence in the halls of political power.

Our current agriculture and animal husbandry practices are almost perfectly designed to evolve a superbug that could wipe out a significant portion of humanity entirely for the most secular of reasons.

Since the first human evolved, plant and animal species have been going extinct at an unprecedented rate.

We have polluted huge swathes of the earth's land and water to such an extent that significant areas our planet's surface are inhospitable to any form of life.

Little (if any) of this damage was done with religious motivations at its core. None was committed violating any secular principle.

So although secularism is important - and more than that, I believe it to be essential - it is also not enough. Not nearly enough, not by a long shot. Many of the key crises we face today as a species, as a global society, have nothing or at most little to do with religion. Secular governance is nowhere near enough to produce peaceful, stable, sustainable societies.

We should not waver for a moment in our commitment to secular governance. But we should also not forget for a second that there is much else that needs our attention as well.

We must resist ALL dogmas, whether they be religious, economic, political, philosophical, or scientific. All areas of human endeavour are open to scrutiny, question, and refinement.

Furthermore, no single approach works across all domains.

Science would fail miserably if its findings were subject to a majority vote.

Peer review would be a horribly inefficient way to run a corporation.

Unregulated capitalism has proven to be a dismal failure if environmental protection and sustainability is a desired outcome.

Yet in their appropriate domains nothing we have tried as a species to date has surpassed democracy, free markets, and peer review.

Consider this: maybe there is something better that we simply haven't tried yet. At a minimum, we need to be open to the possibility, or else this - what we see today, here, now - is as good as it gets. Even more, as good as it can get. And I, for one, emphatically do not believe this to be true.

Let our legacy be that we bequeath upon our collective descendants a better, more just, more sustainable world than the one we inherited from our ancestors.

Thank you.

Thursday, November 01, 2012

Blasphemy is a victimless crime



In addresses to the United Nations in September, the representatives of several predominantly Muslim countries, as well as the secretary general of the Organization of Islamic Cooperation (OIC), called for a ban on expression offensive to Muslims and other religions.

Most claimed that they were supportive of free speech, but that hate speech needed to be stopped.
The question is not whether there should ever be restrictions on expression. No country provides for completely unlimited free speech. Even the United States, with its famous First Amendment, has several significant limitations on expression - the canonical example being that it is illegal to falsely yell "FIRE!" in a crowded movie theatre.

Most people support the principle of placing limits on unfettered speech. Some widely accepted examples include (limited and well-crafted) laws regarding slander and libel, truth in advertising, and uttering death threats.

Given that reasonable limits exist on speech, the question is: Does mocking Islam's Prophet fall outside the bounds of acceptable expression? 

No. 

A cheap, tawdry YouTube video languished unseen until an Egyptian TV station translated it into Arabic and promoted it. Similarly, a two-bit religious huckster with an insignificant following gained the attention of the world only when media outlets spent weeks hyping his threat to burn a Koran. Who is more responsible for their infamy? A few individuals on the fringes of society, or the politicians and media that brought them from obscurity into the forefront of international relations?
Granted, these people are being deliberately provocative. Granted, these people are contributing little if anything to public knowledge or debate. Granted, they hold views that reasonable people find revolting. However, they also have the right to do all these things.

As a matter of public policy, one cannot be held hostage to the violent outbursts of others.

One might not support a woman's choice to terminate a pregnancy, but one cannot legitimately claim that abortions should be outlawed because many "pro-life" activists are provoked into assassinating doctors.

Freedom of speech is a foundational building block of human rights. Freedom from offence is not.
Free speech means that everyone - from 9/11 Truthers and vaccine denialists, to born again fundamentalist Pentecostals and God-hating rabid atheists, and even including Conservatives and Liberals, Democrats and Republicans - can take to the public square, make their arguments, and spew venom at their real or perceived enemies.
Many of the points made by the OIC, ironically, actually argue against its stated position. Ekmeleddin Ihsanoglu, Secretary General of the OIC, states, “We are not saying stop free speech; we are staying stop hate speech.” Mockery and satire cannot reasonably be deemed hate speech, though calls for "Death to America!" might qualify. When the OIC claims that "A line has to be drawn at incitement," any observer should ask which is the greater incitement: editorial cartoons, or calling for the death of cartoonists? “You have to see that there is a provocation." Certainly, Mohammad is a revered figure for many; but a movie trailer video mocking the Prophet is no more an excuse for violence for devout Muslims than the film "Anonymous" (which posited that the famous playwright was a fraud) would be for passionate Shakespeare aficionados. And certainly, the “international community must not become silent observers.” The international community should rally around the right of provocative cartoonists, incompetent directors, and childish reverends to say what they will.

Perhaps the greatest irony is that a genuine ban on blasphemy or disparagement of religious figures would place the greatest strictures on the faithful themselves. Numerous religious texts explicitly insult and denigrate other faiths. Raymond Ibrahim, Shillman Fellow at the David Horotowitz Freedom Center, argues that consistently applied religious defamation laws would quickly ban the Koran. What is a priest or imam to do, if blasphemy becomes a crime and as a result the Bible and Koran become illegal texts?